SHRAVAN KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) It is well known that purity and transparency in the judicial proceedings are the hallmark of the judiciary. In the present proceeding, filed under Section 439(2) Cr.P.C., there is serious allegation of using forged documents as also concealment of the material facts in a judicial proceeding by the opposite party no.2 before this Court for obtaining an order of bail from this Court, which could not have been the handy work of opposite party no.2 alone, but he succeeded in getting the bail order with help of a gang of his accomplices/criminals.

(2.) The informant of Dhanarua P.S. Case No.266 of 2012 dated 12.08.2012 registered for the offences under Sections 341, 323, 504, 385, 307, 302/34 of the Indian Penal Code and Section 27 of the Arms Act, giving rise to Session Trial No.658 of 2013, has filed the present application for cancellation of bail of the accused opposite party no.2 Rohan Yadav on the ground that for the purposes of grant of bail he has used forged FIR and has concealed the material facts about approaching this Court twice earlier. By an order dated 14.10.2015, a show cause notice was issued to the opposite party no.2 in the present matter.

(3.) The learned Addl. P.P. appearing on behalf of the State of Bihar was also directed to seek instructions and file a counter affidavit. A show cause on behalf of the opposite party no.2 was, in fact, filed, but, when the matter was taken up on 04.05.2016, none had appeared on his behalf. A counter affidavit was also filed on behalf of the State of Bihar, but the factum of manipulation in the FIR by the opposite party no.2 as also the factum of concealment of the material facts were not properly answered. However, when the matter was taken up for consideration on 10.08.2016, the relevant records were produced before this Bench. After hearing the learned counsel for the petitioner, the learned Addl.P.P. appearing on behalf of the State of Bihar and the learned counsel appearing on behalf of the opposite party no.2, the bail bonds of the opposite party no.2 was finally cancelled by this Bench by an order dated 10.08.2016. The Senior Superintendent of Police, Patna and other concerned police officers were directed to make all efforts to take the opposite party no.2 into custody at the earliest, but, in view of the nature of gravity of allegation particularly regarding using of forged documents in the judicial proceedings and concealment of material facts by the accused opposite party no.2, the learned counsel appearing on behalf of the petitioner was directed to serve a copy of the present petition upon the learned Standing Counsel for the C.B.I., so that an appropriate further order is passed for investigating the issue of forgery and concealment of the material facts by the opposite party no.2 with the help of a group/gang of persons. This Court was/is also of the opinion that some sort of racket is going on somewhere; therefore, this requires deeper investigation by the C.B.I. For better appreciation, the entire order dated 10.08.2016 is reproduced herein below:-